New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 77B

77B Imposition of covenants relating to subdivision or separate dealings

(1) The Minister may, in connection with the sale of Crown land under Part 4 or the grant of an application to purchase land that is the subject of a holding under the Crown Lands (Continued Tenures) Act 1989 , impose on the land, on behalf of the Crown, such covenants as the Minister considers appropriate for the purpose of preventing or restricting:

(a) the subdivision of the land, or

(b) any dealing in relation to the land (referred to in this section as a "separate dealing") that would result in the separate ownership of multiple lots previously contained in a single holding or of any subsequent grouping of those lots.

(2) Any such covenant is to be imposed as a restriction on the use of the land in accordance with section 88D or 88E of the Conveyancing Act 1919 (as appropriate), and that Act applies in relation to the covenant. For that purpose, a subdivision or separate dealing is taken to be a use of the land.

Note: See also section 183A which applies in relation to a covenant imposed as referred to in this section.

(3) Without limiting the operation of subsection (1), a covenant imposed as referred to in this section extends to any subsequent dealings in relation to the land (including any subsequent separate dealings of the land or any subsequent subdivision of the separate lots created by a subdivision approved by the Minister).

(4) The Registrar-General must not, except with the consent of the Minister, register:

(a) a plan of subdivision that is the subject of a covenant (imposed as referred to in this section) for the purpose of preventing or restricting the subdivision, or

(b) a separate dealing in relation to land that is the subject of a covenant (imposed as referred to in this section) for the purpose of preventing or restricting the separate dealing.

(5) A consent authority (within the meaning of the Environmental Planning and Assessment Act 1979 ) must not grant consent under Part 4 of that Act to the subdivision of land that is the subject of a covenant (imposed as referred to in this section) preventing or restricting subdivision except with the consent of the Minister.

(6) The Minister may, in relation to land that is the subject of a covenant imposed as referred to in this section:

(a) consent to the subdivision of, or separate dealing in relation to, the land, and

(b) consent to the registration of a plan of subdivision or separate dealing in relation to the land.

Note: See clauses 9 (2) and 10 (2) of Schedule 7A to the Crown Lands (Continued Tenures) Act 1989 which require the Minister to obtain the concurrence of relevant Ministers in certain circumstances.

(7) If any such consent is given, the covenant concerned is to be varied accordingly.

(8) In relation to a covenant imposed as referred to in this section, the Minister may, on behalf of the Crown, exercise the functions of a prescribed authority under sections 88D and 88E of the Conveyancing Act 1919 .

(9) Section 88D (9) of the Conveyancing Act 1919 does not apply in respect of any interest in the land acquired by the purchaser of the land before the covenant takes effect and, accordingly, does not prevent the enforcement of the covenant. A reference in this subsection to a purchaser includes a reference to a mortgagee (or a person claiming through a mortgagee) or any other person claiming through the purchaser.

(10) This section does not limit the Minister’s power under Division 2 of Part 4 to include conditions in a contract of sale of Crown land.